Walker v. Pennsylvania Financial Responsibility Assigned Claims Plan

43 Pa. D. & C.4th 1, 1999 Pa. Dist. & Cnty. Dec. LEXIS 77
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedSeptember 29, 1999
Docketno. 1359
StatusPublished

This text of 43 Pa. D. & C.4th 1 (Walker v. Pennsylvania Financial Responsibility Assigned Claims Plan) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Pennsylvania Financial Responsibility Assigned Claims Plan, 43 Pa. D. & C.4th 1, 1999 Pa. Dist. & Cnty. Dec. LEXIS 77 (Pa. Super. Ct. 1999).

Opinion

HALBERT, J.,

The present litigation involves a coverage dispute between the Pennsylvania Financial Responsibility Assigned Claims Plan and the Southeastern Pennsylvania Transportation Authority. The parties have stipulated to the facts, leaving open only the legal determinations.

The plaintiff in this action, Tenisha Walker, filed a lawsuit against the assigned claims plan for injuries incurred [3]*3as a result of being struck by an unidentified motor vehicle after exiting a SEPTA trolley. Claiming that SEPTA should be held liable for the injury claim, the assigned claims plan joined SEPTA as a third-party defendant.

It is undisputed that on February 16, 1996, Tenisha Walker was travelling on a SEPTA trolley on her way home from work. Walker exited the trolley at 41 st Street, walked to the front of the trolley, and proceeded to cross an intersection in order to transfer to a SEPTA bus awaiting the arrival of passengers. As Walker crossed the street, she was struck by an unidentified motor vehicle which left the scene of the accident.

The parties are in agreement that on the date of the accident, Walker was not a named insured under any insurance policy, did not reside in the household of a named insured under any policy, and was not the spouse of, or a relative of a named insured, under any insurance policy. Walker did not own a vehicle and did not reside with a person who owned an automobile.

The dispute in this case centers upon who bears responsibility for Walker’s injuries. It is the assigned claim plan’s position that it is absolved of responsibility given Walker’s ability to recover directly from SEPTA. The assigned claims plan adopts the viewpoint that Tenisha Walker qualified as an “occupant” of a SEPTA-owned vehicle at the time that she was struck by the unidentified car, rendering SEPTA primarily liable.

The assigned claims plan’s argument rests upon the broad definition of “occupant” provided under Pennsylvania law which extends to persons situated outside a vehicle under certain designated circumstances. According to the assigned claims plan, the fact that Walker had exited one SEPTA vehicle and was crossing the street [4]*4with the intent of boarding a second SEPTA vehicle qualifies her for purposes of recovery.

SEPTA controverts this assertion, contending that it bears no responsibility for Walker’s injuries since she did not qualify as an “occupant” of any of its motor vehicles at the time that Walker was injured crossing the street.

Absent responsibility on the part of SEPTA, the assigned claims plan would be liable, given the circumstances involving an unidentified motorist and the lack of other available insurance coverage.

It has been agreed by SEPTA that if this court is to find that Tenisha Walker satisfied the qualifications for coverage on any of its vehicles, it would bear responsibility for $5,000 in personal injury protection and $15,000 in uninsured motorist benefits. This comports with the responsibility that otherwise would be borne by the assigned claims plan.

The issue that has been framed by the parties is whether Walker qualifies for coverage as an “occupant” of any of the SEPTA vehicles in this case. The matter presented is of a legal nature and requires the court to determine Walker’s status at the time of the accident.

A person may qualify as an “occupant” of a motor vehicle if injured while walking or standing outside it, provided that there is a sufficient causal relation or connection between the injury and the use of the vehicle.1 In [5]*5Utica Mutual Insurance Co. v. Contrisciane, 504 Pa. 328, 473 A.2d 1005 (1984), the Pennsylvania Supreme Court articulated four requirements under which a person will be deemed to be occupying a motor vehicle:

“(1) there is a causal relation or connection between the injury and the use of the insured vehicle;
“(2) the person asserting coverage must be in a reasonably close geographic proximity to the insured vehicle, ..
“(3) the person must be vehicle oriented rather than highway or sidewalk oriented at the time; and
“(4) the person must also be engaged in a transaction essential to the use of the vehicle at the time.” Id. at 336, 473 A.2d at 1009.

There is no assertion of sovereign immunity in this case. SEPTA nevertheless argues that the trolley from which Walker disembarked does not qualify for coverage as either a “vehicle” or “motor vehicle” under the Pennsylvania Financial Responsibility Act. Although SEPTA acknowledges that the bus which Walker was going to board clearly meets these definitions, it takes the position that Walker cannot recover as an “occupant” of either of the two SEPTA modes of transit in this case given the status of the trolley.

The court agrees with SEPTA that the trolley does not meet the definition of “vehicle” or “motor vehicle” under the Pennsylvania Financial Responsibility Act. Based upon the exclusions in the financial responsibility law, both the Pennsylvania Supreme Court, in Ellis v. SEPTA, 524 Pa. 398, 573 A.2d 216 (1990) and the Superior Court, in Adams v. Harleysville Insurance Co., 381 Pa. Super. 370, 553 A.2d 1014 (1989), dispositively hold that SEPTA cannot be held responsible for paying first-party [6]*6medical benefits for accidents involving trolleys operated on tracks.

The fact that the trolley from which Walker disembarked does not qualify as a “motor vehicle” under the Motor Vehicle Code does not alone preclude Walker from recovering first-party benefits. The circumstances presented in this case are highly unique. Here, Walker was riding a non-qualifying vehicle under the Motor Vehicle Code with the intent to transfer to a qualifying SEPTA bus. The accident occurred in the course of the commuter’s course of travel.

Unique to this case is that it was contemplated at least from the time that Walker was riding on the trolley that part of the SEPTA commute would be undertaken on the SEPTA bus, which clearly falls within the purview of the financial responsibility laws. The commute was part of a continuum with an interruption only for a transit connection.

Further unique is that the transit carrier for both the vehicle from which the passenger disembarked and the vehicle to which she was intending to transfer were the same. We believe that given the presentation of these circumstances, SEPTA may be held liable.

Under the Contrisciane test, Walker qualifies as an “occupant” of the bus which she was intending to board while making the transfer. In terms of the first criterion, there clearly was a causal connection between the injury and the use of the insured vehicle. Here, Walker was boarding the SEPTA bus in the course of making a connection as part of her commute. It is pertinent that the SEPTA bus was ready to leave and there was no anticipated delay in the commuter connection.

The second criterion is met given Walker’s close proximity to both the vehicle from which she disembarked [7]*7and the SEPTA bus.

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Related

Fisher v. Harleysville Insurance
621 A.2d 158 (Superior Court of Pennsylvania, 1993)
Frain v. Keystone Insurance
640 A.2d 1352 (Superior Court of Pennsylvania, 1994)
Utica Mutual Insurance v. Contrisciane
473 A.2d 1005 (Supreme Court of Pennsylvania, 1984)
Ingalls v. Hertz Corp.
683 A.2d 1252 (Superior Court of Pennsylvania, 1996)
Adeyward v. Pennsylvania Financial Responsibility Assigned Claims Plan
648 A.2d 589 (Commonwealth Court of Pennsylvania, 1994)
Southeastern Pennsylvania Transportation Authority v. Dunham
668 A.2d 272 (Commonwealth Court of Pennsylvania, 1995)
Ellis v. Southeastern Pennsylvania Transportation Authority
573 A.2d 216 (Supreme Court of Pennsylvania, 1990)
Adams v. Harleysville Insurance
553 A.2d 1014 (Superior Court of Pennsylvania, 1989)

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Bluebook (online)
43 Pa. D. & C.4th 1, 1999 Pa. Dist. & Cnty. Dec. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-pennsylvania-financial-responsibility-assigned-claims-plan-pactcomplphilad-1999.